Demand in excess of policy limits; procedure
Sec. 3. If a health care provider or its insurer has agreed to settle
its liability on a claim by payment of its policy limits of two hundred
fifty thousand dollars ($250,000), and the claimant is demanding an
amount in excess of that amount, the following procedure must be
followed:
(1) A petition shall be filed by the claimant in the court named
in the proposed complaint, or in the circuit or superior court of
Marion County, at the claimant's election, seeking:
(A) approval of an agreed settlement, if any; or
(B) demanding payment of damages from the patient's
compensation fund.
(2) A copy of the petition with summons shall be served on the
commissioner, the health care provider, and the health care
provider's insurer, and must contain sufficient information to
inform the other parties about the nature of the claim and the
additional amount demanded.
(3) The commissioner and either the health care provider or the
insurer of the health care provider may agree to a settlement
with the claimant from the patient's compensation fund, or the
commissioner, the health care provider, or the insurer of the
health care provider may file written objections to the payment
of the amount demanded. The agreement or objections to the
payment demanded shall be filed within twenty (20) days after
service of summons with copy of the petition attached to the
summons.
(4) The judge of the court in which the petition is filed shall set
the petition for approval or, if objections have been filed, for
hearing, as soon as practicable. The court shall give notice of
the hearing to the claimant, the health care provider, the insurer
of the health care provider, and the commissioner.
(5) At the hearing, the commissioner, the claimant, the health
care provider, and the insurer of the health care provider may
introduce relevant evidence to enable the court to determine
whether or not the petition should be approved if the evidence
is submitted on agreement without objections. If the
commissioner, the health care provider, the insurer of the health
care provider, and the claimant cannot agree on the amount, if
any, to be paid out of the patient's compensation fund, the court
shall, after hearing any relevant evidence on the issue of
claimant's damage submitted by any of the parties described in
this section, determine the amount of claimant's damages, if
any, in excess of the two hundred fifty thousand dollars
($250,000) already paid by the insurer of the health care
provider. The court shall determine the amount for which the
fund is liable and make a finding and judgment accordingly. In
approving a settlement or determining the amount, if any, to be
paid from the patient's compensation fund, the court shall
consider the liability of the health care provider as admitted and
established.
(6) A settlement approved by the court may not be appealed. A
judgment of the court fixing damages recoverable in a contested
proceeding is appealable pursuant to the rules governing
appeals in any other civil case tried by the court.
(7) A release executed between the parties does not bar access
to the patient's compensation fund unless the release
specifically provides otherwise.
As added by P.L.1-1998, SEC.13. Amended by P.L.233-1999,
SEC.15.
Last modified: May 24, 2006